MapLink™ | Procedures | Real Estate Encumbrance Disclosure Requirements

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Real Estate Encumbrance Disclosure Requirements
A. Definitions. See § DR-809A for terms associated with this section.

B. General Provisions. The developer of land receiving major subdivision approval shall prominently display a copy of the approved preliminary plan and final plan, including the Resolution of Approval containing all conditions of approval, in the sales office and shall provide a reduced copy of the same to any and all interested persons. Also, developers of land receiving major or minor subdivision approval shall provide a written statement to a contract purchaser at the time of the execution of the agreement of sale of a particular lot, setting forth the following information:
1. The location of the house/lot to be purchased on the preliminary and final approval plans;
2. The location of all wetlands and the relationship to the property;
3. A description of all encumbrances, liabilities and restrictions on the use of land including but not limited to easements, wetlands, recreation areas, fences and buffer zones;
4. The location of all existing, approved, or proposed recreation facilities within the property receiving major or minor subdivision approval, and the relationship of same to the property and the date when the facilities will be commenced and completed.

C. Enforcement.
1. The Planning Board shall condition the preliminary and final approval of any subdivision upon compliance with the terms of this ordinance.
2. The Township construction office shall not issue a Certificate of Occupancy on a lot subject to the provisions of this ordinance unless the developer or entity requesting the Certificate of Occupancy has adequately demonstrated compliance with the requirements of this ordinance.
3. In order to demonstrate compliance, the developer or entity seeking a Certificate of Occupancy shall submit the materials presented to the buyer and an acknowledgement executed by the buyer stating that said materials were received by the buyer and that the buyer understands same.